Madras High Court
Ramasamy vs The District Registrar on 29 June, 2022
W.P.Nos.16293, 16306 & 16307 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.16293, 16306 & 16307 of 2022
and
W.M.P.Nos.15634 & 15635 of 2022
1. Ramasamy
... Petitioner in all W.Ps
2. Kamalam
....Petitioner in W.P.Nos.16306 & 16307 of 2022
Vs.
1. The District Registrar,
Registration Department,
Tiruppur.
2. The Sub-Registrar Nallur,
Registration Department,
Tiruppur.
3. Gurusamy ... Respondents in all W.Ps
Prayer in W.P.No.16293 of 2022: Writ Petition filed under Article 226 of
the Constitution of India to issue a Writ of Certiorarified Mandamus calling
for the records relating to the Impugned "Refusal Check Slip" in
RFL/Nallur_Tiruppur/48/2022 dated 20.05.2022 issued by the second
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W.P.Nos.16293, 16306 & 16307 of 2022
respondent herein, quash the same and consequently direct the second
respondent herein to register the Settlement Deed dated 20.05.2022
executed by the petitioners herein to and in favour of their younger son
Balraj within a stipulated period.
Prayer in W.P.No.16306 of 2022: Writ Petition filed under Article 226 of
the Constitution of India to issue a Writ of Certiorarified Mandamus calling
for the records relating to the Impugned "Refusal Check Slip" in
RFL/Nallur_Tiruppur/46/2022 dated 20.05.2022 issued by the second
respondent herein, quash the same and consequently direct the second
respondent herein to register the Settlement Deed dated 20.05.2022
executed by the petitioners herein to and in favour of their elder son
Sundaram within a stipulated period.
Prayer in W.P.No.16307 of 2022: Writ Petition filed under Article 226 of
the Constitution of India to issue a Writ of Certiorarified Mandamus calling
for the records relating to the Impugned "Refusal Check Slip" in
RFL/Nallur_Tiruppur/47/2022 dated 20.05.2022 issued by the second
respondent herein, quash the same and consequently direct the second
respondent herein to register the Settlement Deed dated 20.05.2022
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W.P.Nos.16293, 16306 & 16307 of 2022
executed by the petitioners herein to and in favour of their younger son
Balraj within a stipulated period.
Appearance in all W.Ps
For Petitioners : M/S.K.Govi Ganesan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
COMMON ORDER
Since the issue involved and the relief sought for in all these three
Writ Petitions are identical in nature, the same were heard together and
disposed of vide this common order.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader
takes notice for the respondents. In view of the limited relief sought for in
this petition and on the consent expressed by the learned counsel appearing
on either side, this petition is taken up for final disposal.
3. Since no adverse order is being passed against the private
respondent, notice to the private respondent is dispensed with.
4. The case of the petitioners is that the petitioners presented the
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W.P.Nos.16293, 16306 & 16307 of 2022
Settlement deed before the 2nd respondent for registration on 20.05.2022.
However, the said document was refused to be registered by the 2nd
respondent on the ground that original parent document was not annexed
along with the document which is presented for registration. Challenging
the same, the present Writ Petitions have been filed by the petitioners for
the above relief.
5. Though very many grounds have been raised, learned counsel for
the petitioners submitted that though the petitioners annexed the certified
copy of the parent document, even then the 2nd respondent refused to
register the document is not sustainable, the issue involved in the present
case, is no more res-integra. He further relied upon the decision of this
Court in W.P.(MD)No.19745 of 2020, order dated 11.02.2021. The relevant
portion of the above said order is extracted hereunder:-
"8.This Court is entirely in agreement with the submissions
made on behalf of the petitioner in this regard. The latest decision
of the learned Single Judge appears to have not considered the
implication of the Circular with reference to the scheme of the
relevant Act. On the other hand, the above three decisions cited
on behalf of the petitioner would certainly hold the field and in
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W.P.Nos.16293, 16306 & 16307 of 2022
which event, insistence on production of original Title Deeds by
the Registering Authority is without any authority of law. The
Circular issued by the Inspector General of Registration, Chennai
in this regard cannot have any sanctity, unless the power of
issuance of such Circular is authorized under the provisions of
the Act. This Court has consistently held that no such power can
be read into Act, in the absence of any specific provisions and in
that view of the matter, as rightly contended by the learned
Counsel for the petitioner, the subject issue is no more res-
integra. As far as the latest decision of the learned Single Judge is
concerned, being a kind of a contra view, this Court is of the
opinion that the order passed by the learned Single Judge of this
Court in W.P.(MD)No.16768 of 2020, dated 26.11.2020 has not
appreciated the provisions of the Act, as the reasons of the
learned Single Judge are contrary to the well considered earlier
Judgments of this Court. The learned Judge has reasoned without
any specific reference to the scheme of the Act, which governs the
registration."
6. The learned Special Government Pleader appearing for the
respondents submits that the document presented by the petitioners was
rejected by the 2nd respondent on the ground that parent document was not
annexed along with the document.
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W.P.Nos.16293, 16306 & 16307 of 2022
7. In view of the decision of this Court in W.P.(MD)No.19745 of
2020, order dated 11.02.2021, makes it clear that, there is no need to present
the parent document, certified copy of the parent document is sufficient to
entertain the document for registration.
8. Accordingly, these Writ Petitions are allowed, the impugned
order is set aside and the 2nd respondent is directed to entertain the
document presented by the petitioners and pass appropriate orders within a
period of twelve weeks from the date of receipt of a copy of this order, and
the petitioners are directed to pay requisite Stamp Duty and Registration
Charges. No costs. Consequently, connected Miscellaneous Petitions are
closed.
29.06.2022
Index : Yes / No
Speaking Order: Yes/No
jd
To
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W.P.Nos.16293, 16306 & 16307 of 2022
1. The District Registrar,
Registration Department,
Tiruppur.
2. The Sub-Registrar Nallur,
Registration Department,
Tiruppur.
https://www.mhc.tn.gov.in/judis
W.P.Nos.16293, 16306 & 16307 of 2022
M.DHANDAPANI,J.
jd
W.P.Nos.16293, 16306 & 16307 of 2022
and
W.M.P.Nos.15634 & 15635 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
